Ohio Admin. Code 3701:1-44-21 - Transfer of source or byproduct material
(A) No licensee shall transfer source or
byproduct material except as authorized pursuant to this rule.
(B) Except as otherwise provided in his
license and subject to the provisions of paragraphs (C) and (D) of this rule,
any licensee may transfer source or byproduct material:
(1) To the United States department of
energy;
(2) To the agency in any
agreement state which regulates radioactive materials pursuant to an agreement
with the United States nuclear regulatory commission or the atomic energy
commission under section 274 of the act
"Atomic Energy Act of 1954 (68 Stat. 919)" ;
(3) To any person exempt from the licensing
requirements of the act and regulations in this chapter, to the extent
permitted under such exemption;
(4)
To any person in an agreement state subject to the jurisdiction of that state
who has been exempted from the licensing requirements and regulations of that
state, to the extent permitted under such exemptions;
(5) To any person authorized to receive such
source or byproduct material under terms of a specific license or a general
license or their equivalents issued by the director, the United States nuclear
regulatory commission or an agreement state; or
(6) As otherwise authorized by the director
in writing.
(C) Before
transferring source or byproduct material to a specific licensee of the state
of Ohio, United States nuclear regulatory commission or an agreement state or
to a general licensee who is required to submit form HEA 5115 or the
equivalent, with the director, United States nuclear regulatory commission or
with an agreement state prior to receipt of the source or byproduct material,
the licensee transferring the material shall verify that the transferee's
license authorizes receipt of the type, form, and quantity of source or
byproduct material to be transferred.
(D) The following methods for the
verification required by paragraph (C) of this rule are acceptable:
(1) The transferor may have in his
possession, and read, a current copy of the transferee's specific license or
form HEA 5115 or equivalent;
(2)
The transferor may have in his possession a written certification by the
transferee that he is authorized by license or form HEA 5115 or equivalent to
receive the type, form, and quantity of source or byproduct material to be
transferred, specifying the license or form HEA 5115 number, issuing agency and
expiration date;
(3) For emergency
shipments the transferor may accept oral certification by the transferee that
the transferee is authorized by license or form HEA 5115 to receive the type,
form, and quantity of source or byproduct material to be transferred,
specifying the license or form HEA 5115 number, issuing agency and expiration
date, provided that the oral certification is confirmed in writing within ten
days;
(4) The transferor may obtain
other sources of information compiled by a reporting service from official
records of the director, United States nuclear regulatory commission or the
licensing agency of an agreement state as to the identity of licensees and the
scope and expiration dates of licenses and form HEA 5115; or
(5) When none of the methods of verification
described in paragraphs (D)(1) to (D)(4) of this rule are readily available or
when a transferor desires to verify that information received by one of such
methods is correct or up-to-date, the transferor may obtain and record
confirmation from the director, United States nuclear regulatory commission or
the licensing agency of an agreement state that the transferee is licensed to
receive the source or byproduct material.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 02/06/2006, 12/10/2015
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